State of Washington, et al., v. Trump., et al
Filing
194
MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Complaint 3rd Amended, # 2 Index of Exhibits, # 3 Index of Declarations, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Decl of Joint Former National Security Officials, # 19 Decl of Nima Ala, # 20 2nd Decl of Rabyaah Althaibani, # 21 Decl of Alireza Ayoubi, # 22 Decl of Shervin Beygi, # 23 Decl of Bahareh Bina, # 24 Decl of Ethan Devenport, # 25 Decl of Yasaman Esmaili, # 26 Decl of Mahdi Hajiaghayi, # 27 Decl of Mojdeh Jalali Heravi, # 28 Decl of Vahid Jazayeri, # 29 Decl of Mohammad Shafiei Khadem, # 30 Decl of Ahmad Moghaddam, # 31 Decl of Younes Nouri, # 32 Decl of Proshat Parsimoghadam, # 33 Decl of Emad Soroush, # 34 Decl of Tannaz Sattari Tabrizi, # 35 Decl of Seyed Danial Vaezi, # 36 Decl of Banafsheh Samareh Abolhasani, # 37 Decl of Armin Alaghi, # 38 Decl of Pegah Jalali Asheghabadi, # 39 3rd Decl of Rovy Branon, # 40 5th Decl of Asif Chaudhry, # 41 Decl of Maryam Dadkhahan, # 42 Decl of Jason Detwiler, # 43 2nd Decl of David Eaton, # 44 Decl of Kiana Ehsani, # 45 Decl of Ali Farhadi, # 46 Decl of Hoda Farhadi, # 47 Decl of Maryam Fayazi, # 48 Decl of Mohammad Ghaedi, # 49 Decl of Anne Greenbaum, # 50 Decl of Hannaneh Hajishirzi, # 51 2nd Decl of Deirdre Heatwole, # 52 Decl of Parisa Hosseinzadeh, # 53 Decl of Adam Mokhalalati, # 54 Decl of Shima Nofallah, # 55 4th Decl of Jeffrey Riedinger, # 56 Decl of Solmaz Shakerifard, # 57 Decl of Khadijeh Sheikhan, # 58 Decl of Ali Shojaie, # 59 Decl of Hema Yoganarasimhan, # 60 2nd Decl of Kathy Oline, # 61 2nd Decl of Dave Soike, # 62 2nd Decl of Rita Zawaideh, # 63 2nd Decl of Mitra Akhtari, # 64 2nd Decl of Melanie de Leon, # 65 Decl of Payam Fotouhiyehpour, # 66 2nd Decl of Marc Overbeck, # 67 2nd Decl of Sana Parsian, # 68 Decl of Sahar Z. Zangenah, # 69 2nd Decl of Dennis Galvan, # 70 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen)
Third Amended
Complaint
Exhibit A
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President Donald Trump speaks at a rally on March 15, 2017 in Nashville, Tennessee. Andrea Morales/Getty Images
WHITE HOUSE
Read President Trump’s Response to the Travel
Ban Ruling: It ‘Makes Us Look Weak’
Katie Reilly
Mar 16, 2017
President Donald Trump on Wednesday spoke at a rally in Nashville, Tenn., where
he responded to a new ruling by a federal judge in Hawaii placing a nationwide
restraining order on his revised travel ban.
Trump criticized the ruling as "an unprecedented judicial overreach."
"You don't think this was done by a judge for political reasons, do you? No," he
said to applause. "This ruling makes us look weak, which, by the way, we no longer
are. Believe me."
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Read Trump's full remarks from the rally, where he also spoke about the
Republican health care plan:
TRUMP: Thank you very much, everybody. Thank you.
(APPLAUSE)
So, we're just going to let the other folks come in, fill it up. This is some crowd. You have to see
what's outside. You wouldn't even believe it.
(APPLAUSE)
Unbelievable.
(APPLAUSE)
So, I'm thrilled to be here in Nashville, Tennessee, the home...
(APPLAUSE)
... of country music, southern hospitality, and the great President Andrew Jackson.
(APPLAUSE)
I just came from a tour of Andrew Jackson's home to mark the 250th anniversary of his birth.
(APPLAUSE)
Jackson's life was devoted to one -- a very crucial principle. He understood that real leadership
means putting America first.
(APPLAUSE)
Before becoming president, Andrew Jackson served your state in the House of Representatives and
in the United States Senate. And he also served as commander of the Tennessee Militia.
(APPLAUSE)
Tough cookies. Tough cookies.
So, let's begin tonight by thanking all of the incredible men and women of the United States
military and all of our wonderful veterans. The veterans.
(APPLAUSE)
AUDIENCE: USA! USA! USA!
TRUMP: Crazy. Amazing.
There's no place I'd rather be than with all of you here tonight, with the wonderful, hardworking
citizens of our country.
(APPLAUSE)
I would much rather spend time with you than any of the pundits, consultants or special interests,
certainly or reporters from Washington D.C. (APPLAUSE)
It's patriotic Americans like you who make this country run and run well. You pay your taxes,
follow our laws, support your communities, raise your children, love your country, and send your
bravest to fight in our wars.
(APPLAUSE)
All you want is a government that shows you the same loyalty in return.
(APPLAUSE)
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It's time that Washington heard your voice and, believe me, on November 8th they heard your
voice.
(APPLAUSE)
The forgotten men and women of our country will never be forgotten again. Believe me.
(APPLAUSE)
I want to thank so many of your state leaders; State Party Chairman Scott Golden, Congressman
Scott DesJarlais...
(APPLAUSE)
... Congresswoman Marsha Blackburn...
(APPLAUSE)
... Congresswoman Diane Black...
(APPLAUSE)
... Congressman Jimmy Duncan, right from the beginning...
(APPLAUSE)
... Governor Bill Haslam...
(APPLAUSE)
... a great friend of mine, Senator Bob Corker...
(APPLAUSE)
... an incredible guy, respected by all, Senator Lamar Alexander...
(APPLAUSE)
... and so many more. Thank you all for being here. We're going to be working closely together -thank you; to deliver for you, the citizens of Tennessee, like you've never been delivered for
before.
Thank you. Thank you.
(APPLAUSE)
Thank you.
(APPLAUSE)
We are going to reduce your taxes.
(APPLAUSE)
Big league. Big. Big. And I want to start that process so quickly. Got to get the health care got
done. We got to start the tax reductions.
(APPLAUSE)
We are going to enforce our trade rules and bring back our jobs, which are scattered all over the
world. They're coming back to our country.
(APPLAUSE)
We're going to support the amazing, absolutely amazing men and women of law enforcement.
(APPLAUSE)
Protect your freedoms and defend the Second Amendment.
(APPLAUSE)
And we are going to restore respect for our country and for its great and very beautiful flag.
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(APPLAUSE)
It's been a little over 50 days since my inauguration and we've been putting our America First
agenda very much into action. You see what's happened (ph).
We're keeping our promises. In fact, they have signs, he's kept his promise. They're all over the
place. I have. We have done far more, I think maybe more than anybody's done in this office in 50
days. That I can tell you.
(APPLAUSE)
And we have just gotten started. Wait till you see what's coming, folks.
(APPLAUSE)
We've appointed a Supreme Court Justice to replace the late, great Antonin Scalia. His name is
Judge Neil Gorsuch.
(APPLAUSE)
He will uphold and defend the Constitution of the United States.
We are proposing a budget that will shrink the bloated federal bureaucracy -- and I mean bloated;
while protecting our national security. You see what we're doing with our military; bigger, better,
stronger than ever before. You see what's happening.
(APPLAUSE)
And you're already seeing the results.
Our budget calls for one of the single largest increases in defense spending history in this country.
(APPLAUSE)
We believe, especially the people in Tennessee -- I know you people so well...
(APPLAUSE)
... in peace through strength. It's what we're going to have.
(APPLAUSE)
And we are taking steps to make sure that our allies pay their fair share. They have to pay.
(APPLAUSE)
We've begun a dramatic effort to eliminate job-killing federal regulations like nobody has ever
seen before. Slash, slash. We're going to protect the environment. We're going to protect people's
safeties, but let me tell you, the regulation business has become a terrible business and we're
going to bring it down to where it should be.
(APPLAUSE)
(BOOING)
(APPLAUSE)
OK, let's go.
One person, and they'll be the story tomorrow. Did you hear there was a protester?
(APPLAUSE)
We're going to put our miners back to work. We're going to put our auto industry back to work.
(APPLAUSE)
Already, because of this new business climate, we are creating jobs that are starting to pour back
into our country like we haven't seen in many, many decades.
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(APPLAUSE)
In the first two job reports since I took the oath of office, we've already added nearly half a million
new jobs. And believe me, it's just beginning.
(APPLAUSE)
I've already authorized the construction of the long-stalled and delayed Keystone and Dakota
access pipeline.
(APPLAUSE)
A lot of jobs.
(APPLAUSE)
I've also directed that new pipelines must be constructed with American steel.
(APPLAUSE)
They want to build them here, they use our steel.
We believe in two simple rules. Buy American and hire American.
(APPLAUSE)
On trade, I've kept my promise to the American people and withdrawn from the Trans-Pacific
Partnership disaster.
(APPLAUSE)
Tennessee has lost one-third of its manufacturing jobs since the institution of NAFTA, one of the
worst trade deals ever in history.
(BOOING)
Our nation has lost over 60,000 factories since China joined the World Trade Organization;
60,000. Think of that. More than that.
We're not going to let it happen anymore. From now on, we are going to defend the American
worker and our great American companies.
(APPLAUSE)
And if America does what it says and if your president does what I've been telling you, there is
nobody anywhere in the world that can even come close to us, folks. Not even close. (APPLAUSE)
If a company wants to leave America, fire their works, and then ship their new products back into
our country, there will be consequences.
(APPLAUSE)
That's what we have borders for. And by the way, aren't our borders getting extremely strong?
(APPLAUSE)
Very strong.
(APPLAUSE)
Don't even think about it. We will build the wall. Don't even think about it.
(APPLAUSE)
In fact, as you've probably read, we went out to bid. We had hundreds of bidders. Everybody wants
to build our wall.
(APPLAUSE)
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Usually, that means we're going to get a good price. We're going to get a good price; believe me.
We're going to build a wall.
Some of the fake news said, I don't think Donald Trump wants to build the wall. Can you imagine
if I said we're not going to build a wall? Fake news.
(BOOING)
Fake, fake news.
(BOOING)
Fake news, folks. A lot of fake.
(BOOING)
No, the wall is way ahead of schedule in terms of where we are. It's under design and you're going
to see some very good things happening. But the border by itself right now is doing very well. It's
becoming very strong.
(APPLAUSE)
General Kelly has done a great job. General Kelly.
(APPLAUSE)
My administration is also following through on our promise to secure, protect, and defend that
border within our United States. Our southern border will be protected always. It will have the
wall. Drugs will stop pouring in and poisoning our youth.
(APPLAUSE)
And that will happen very, very soon. You're already seeing what's going on. The drugs are
pouring in to our country folks. They are poisoning our youth and plenty of others and we're going
to stop it. We're not going to be playing games. Not going to be playing games.
(APPLAUSE)
Following my executive action -- and don't forget, we've only been here for like, what, 50 days?
We've already experienced an unprecedented 40 percent reduction in illegal immigration on our
southern border, 61 percent -- 61 percent since inauguration day. Sixty-one percent; think about
it.
(APPLAUSE)
And now people are saying we're not going to go there anymore 'cause we can't get in, so it's going
to get better and better. We got to stop those drugs, though. We got to stop those drugs.
During the campaign, as I traveled all across this country, I met with many American families
whose loved ones were viciously and violently killed by illegal immigrants because our
government refused to enforce our already existing laws.
These American victims were ignored by the media. They were ignored by Washington. But they
were not ignored by me and they're not ignored by you and they never will be ignored, certainly
any longer. Not going to happen.
(APPLAUSE)
As we speak, we are finding the drug dealers, the robbers, thieves, gang members, killers, and
criminals preying on our citizens. One by one -- you're reading about it, right?
(APPLAUSE)
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They're being thrown out of our country, they're being thrown into prisons, and we will not let
them back in.
(APPLAUSE)
We're also working night and day to keep our nation safe from terrorism.
(APPLAUSE)
We have seen the devastation from 9/11 to Boston to San Bernardino; hundreds upon hundreds of
people from outside our country have been convicted of terrorism-related offenses. In the United
States courts, right now we have investigations going on all over. Hundreds of refugees are under
federal investigation for terrorism and related reasons.
We have entire regions of the world destabilized by terrorism and ISIS. For this reason, I issued an
executive order to temporarily suspend immigration from places where it cannot safely occur.
(APPLAUSE)
AUDIENCE: USA! USA! USA!
TRUMP: But let me give you the bad news. We don't like bad news, right? I don't want to hear an
alternative to good. But let me give you the bad, the sad news.
Moments ago, I learned that a district judge in Hawaii...
(BOOING)
... part of the much overturned 9th Circuit Court...
(BOOING)
... and I have to be nice. Otherwise I'll get criticized for...
(APPLAUSE)
... for speaking poorly about our courts. I'll be -- I'll be criticized by these people, among the most
dishonest people in the world.
(APPLAUSE)
I will be criticized...
(BOOING)
(APPLAUSE)
I'll be criticized by them for speaking harshly about our courts. I would never want to do that.
A judge has just blocked our executive order on travel and refugees coming into our country from
certain countries.
(BOOING)
The order he blocked was a watered down version of the first order that was also blocked by
another judge and should have never been blocked to start with.
(APPLAUSE)
This new order was tailored to the dictates of the 9th Circuit, in my opinion, flawed ruling.
(APPLAUSE)
This is the opinion of many, an unprecedented judicial overreach.
(APPLAUSE)
The law and the Constitution give the President the power to suspend immigration when he
deems -- or she -- or she -- fortunately it will not be Hillary-she.
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(APPLAUSE)
When he or she deems it to be in the national interest of our country.
AUDIENCE: Lock her up! Lock her up! Lock her up!
TRUMP: So we have a lot of lawyers here. We also have a lot of smart people here. Let me read to
you, directly from the federal statute, 212(f) of the immigration, and you know what I'm talking
about, right? Can I read this to you? Listen to this.
Now, we're all smart people, we're all good students, were all everything. Some are bad students,
but even if you're a bad student, this is a real easy one, let me tell you. Ready?
So here's the statute, when they don't even want to quote when they overrule it. And it was put
here for the security of our country. And this goes beyond me, because there'll be other presidents
and we need this. And sometimes we need it very badly for security -- security of our country.
It says -- now listen to easy -- how easy this is. Whenever the president finds that the entry of any
aliens or any class of aliens would be detrimental to the interests of the United States, he may, by
proclamation and for such period as he -- see, it wasn't politically correct, 'cause they should have
said he or she. You know, today they'd say that.
(LAUGHTER)
That's (inaudible)
(LAUGHTER)
Actually, that's the only mistake they made -- as he shall deem necessary, suspend the entry of all
aliens or any class of aliens, as immigrants or non-immigrants, or impose on the entry of aliens
any restrictions he may deem to be appropriate.
In other words, if he thinks there's danger out there, he or she, whoever is president can say, I'm
sorry, folks, not now, please. We got enough problems.
(APPLAUSE)
We're talking about the safety of our nation, the safety and security of our people.
(APPLAUSE)
Now, I know you people aren't skeptical people, 'cause nobody would be that way in Tennessee.
Nope, nobody. Not Tennessee.
You don't think this was done by a judge for political reasons, do you? No.
(APPLAUSE)
This ruling makes us look weak, which, by the way, we no longer are. Believe me.
(APPLAUSE)
Just look at our borders.
(APPLAUSE)
We're going to fight this terrible ruling. We're going to take our case as far as it needs to go,
including all the way up to the Supreme Court.
(APPLAUSE)
We're going to win. We're going to keep our citizens safe. And regardless, we're going to keep our
citizens safe. Believe me.
(APPLAUSE)
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Even liberal democratic lawyer, Alan Dershowitz -- good lawyer; just said that we would win this
case before the Supreme Court of the United States.
(APPLAUSE)
Remember this. I wasn't thrilled, but the lawyers all said, oh, let's tailor it. This is a watered down
version of the first one. This is a watered down version.
And let me tell you something. I think we ought to go back to the first one and go all the way,
which is what I wanted to do in the first place.
(APPLAUSE)
The danger is clear. The law is clear. The need for my executive order is clear. I was elected to
change our broken and dangerous system and thinking in government that has weakened and
endangered our country and left our people defenseless.
(APPLAUSE)
And I will not stop fighting for the safety of you and your families. Believe me. Not today, not
ever. We're going to win it. We're going to win it.
(APPLAUSE)
We're going to apply common sense. We're going to apply intelligence. And we're never quitting
and we're never going away and we're never, ever giving up.
The best way to keep foreign terrorists or, as some people would say in certain instances, radical
Islamic terrorists from attacking our country is to stop them from entering our country in the first
place.
(APPLAUSE)
We'll take it, but these are the problems we have. People are screaming break up the 9th Circuit
and I'll tell you what. That 9th Circuit -- you have to see. Take a look at how many times they have
been overturned with their terrible decisions. Take a look. And this is what we have to live with.
Finally, I want to get to taxes. I want to cut the hell out of taxes, but...
(APPLAUSE)
... but...
(APPLAUSE)
... before I can do that -- I would have loved to have put it first. I'll be honest. There is one more
very important thing that we have to do and we are going to repeal and replace horrible,
disastrous Obamacare.
(APPLAUSE)
If we leave Obamacare in place, millions and millions of people will be forced off their plans and
your senators just told me that in your state you're down to practically no insurers. You're going
to have nobody. You're going to have nobody. And this is true all over. The insurers are fleeing.
The insurers are fleeing. It's a catastrophic situation.
And there's nothing to compare anything to because Obamacare won't be around for a year or two.
It's -- it's gone. So it's not like, oh gee, they this -- Obamacare is gone.
(APPLAUSE)
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Premiums will continue to soar, double digits and even triple digits in many cases. It will drain our
budget and destroy our jobs. Remember all of the broken promises? You can keep your doctor.
You can keep your plan. Remember the wise guy?
(BOOING) Remember the wise guy that essentially said the American people -- the so-called
architect; the American people are stupid because they approved it? We're going to show them.
Those in Congress who made these promises have no credibility whatsoever on health care.
And remember this; remember this. If we took -- because there's such divisiveness. And I'm not
just talking now, with me. There was Obama, there was with Bush, the level of hatred and
divisiveness with the politicians.
I remember years ago, I'd go to Washington. I was always very politically active. And Republicans
and Democrats, they'd fight during the day and they'd go to dinner at night. Today, there's a level
that nobody's seen before.
Just remember this. If we submitted, the Democrats' plan, drawn everything perfect for the
Democrats, we wouldn't get one vote from the Democrats. That's the way it is. That's how much
divisiveness and other things there are, so it's a problem. But we're going to get it by.
So I've met with so many victims of Obamacare, the people who've been so horribly hurt by this
horrible legislation. At the very core of Obamacare was a fatal flaw. The government forcing
people to buy a government-approved product.
(BOOING)
There are very few people. Very few people.
(BOOING)
And by the way, watch what happens. Now you just booed Obamacare. They will say Trump got
booed when he mentioned...
(LAUGHTER)
They're bad people, folks. They're bad people.
(BOOING)
(APPLAUSE)
Tonight I'll go home. I'll turn on. I'll say, listen, I'll turn on that television. My wife will say,
darling, it's too bad you got booed. I said I didn't be booed. This was (inaudible). I said no, no.
They were booing Obamacare.
Watch, a couple of them will actually do it, almost guaranteed. But when we call them out it
makes it harder for them to do it, so we'll see.
(APPLAUSE)
It's the fake, fake media. We want Americans to be able to purchase the health insurance plans
they want, not the plans forced on them by our government.
(APPLAUSE)
The House has put forward a plan to repeal and replace Obamacare, based on the principles I
outlined in my joint address, but let me tell you. We're going to arbitrate. We're going to all get
together. We're going to get something done.
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Remember this. If we didn't do it the way we're doing it, we need 60 votes, so we'd have to get the
Democrats involved. They won't vote. No matter what we do they're not going to vote. So we're
doing it a different way, a complex way, it's fine.
The end result is when you're at phase one, phase two, phase three; it's going to be great. It's
going to be great.
(APPLAUSE)
And then, we get on to tax reductions, which I like.
(APPLAUSE)
The House legislation does so much for you. It gives the states Medicaid flexibility and some of
the states will take over their health care. Governor Rick Scott in Florida said, just send me the
money. They run a great plan. We have states that are doing great. It gives great flexibility.
Thank you, folks. Thank you.
(APPLAUSE)
Thank you.
(APPLAUSE)
It repeals hundreds of billions of dollars in Obamacare taxes. It provides tax credits to people to
purchase the care that is rightfully theirs. The bill that I will ultimately sign, and that will be a bill
where everybody's going to get into the room and we're going to get it done. We'll get rid of
Obamacare and make health care better for you and for your family.
(APPLAUSE)
And once this is done, and a step further, we are going to try and put it in phase three. I'm going
to work on bringing down the cost of medicine by having a fair and competitive bidding process.
(APPLAUSE)
We welcome this health care debate and its negotiation and we're going to carry it out and have
been carrying it out in the full light of day, unlike the way Obamacare was passed.
(APPLAUSE) Remember, folks, if we don't do anything, Obamacare is gone. It's not like, oh gee,
it's going to be wonderful in three years. It's gone. It's gone. It's gone. Not working. It's gone.
(APPLAUSE)
What we cannot do is to be intimidated by the dishonest attacks from Democratic leaders in
Congress who broke the system in the first place and who don't believe you should be able to
make your own health care decisions.
(APPLAUSE)
I am very confident that if we empower the American people, we'll accomplish incredible things
for our country, not just on health care, but all across our government. We will unlock new
frontiers in science and in medicine.
We will give our children the right to attend the school of their choice, one where they will be
taught to love this country and its values.
(APPLAUSE)
We will create millions and millions of new jobs by lowering taxes on our businesses and, very
importantly, for our workers. We're going to lower taxes.
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(APPLAUSE)
Big (ph).
(APPLAUSE)
And we will fight for the right of every American child to grow up in a safe neighborhood, attend a
great school, and to graduate with access to a high-paying job that they love doing.
(APPLAUSE)
No matter background (ph), no matter our income, no matter our geography, we all share the
same home. We all salute the same flag. And we all are made by the same God.
(APPLAUSE)
AUDIENCE: USA! USA! USA!
TRUMP: It's time to embrace our glorious American destiny. Anything we can dream for our
country, we can achieve for our country. All we have to do is tap into that American pride that is
swelling our hearts and stirring our souls and we found that out very recently in our last election.
A lot of pride.
(APPLAUSE) We are all Americans and the future truly belongs to us. The future belongs to all of
you. This is your moment. This is your time. This is the hour when history is made. All we have to
do is put our own citizens first and, together, we will make America strong again.
(APPLAUSE)
We will make America wealthy again.
(APPLAUSE)
We will make America proud again.
(APPLAUSE)
We will make America safe again.
(APPLAUSE)
And we will make America great again.
(APPLAUSE)
Thank you. God bless you. Thank you.
(APPLAUSE)
God bless you, everybody.
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